STOCKWATER RIGHTS VS. THE WWF'S PLANS

Unfortunately, the stars are lining up for the World Wildlife Fund's (WWF) grandiose plan to rewild the Northern Great Plains. Their pilot project in northeastern Montana, being coordinated by their spin-off, the American Prairie Reserve (APR), has recently received a shot in the arm. Emails, via the Freedom of Information Act (FOIA), detailed the cozy relationship between the Bullock administration and the APR. Now two former members of the Bullock administration are heading the federal Bureau of Land Management (BLM) (Tracy Stone- Manning) and the US Fish and Wildlife Service (Martha Williams). Is it possible this new national policy alignment influenced the Malta BLM to reject the overwhelming call to conduct a detailed Environmental Impact Statement (EIS) instead of the less rigorous Environmental Assessment (EA) dealing with the management changes proposed by the APR on their BLM allotments?

In addition, in 2016 the Montana Water Court and a majority of the Montana Supreme Court agreed with the totally bogus argument of the federal solicitors that our cows drinking from our pits and reservoirs were their beneficial use of our stockwater. The federal argument was so weak and full of errors that even a first year law student would have thrown it out. Why would these intelligent, trained jurists make such a bad decision that they knew would be very harmful to the very constituents they are supposed to be protecting? The excuse of ignorance or a heavy work load preventing a proper analysis of the issues would not fly because Justice McKinnon wrote a scholarly dissent that pointed out all the problems and fallacies with the federal claims. Do you think the fact the Bullock administration was working with the APR concerning their plan to establish a wild, free-roaming bison herd in Phillips County (according to FOIA memos) had anything to do with the Courts' decisions to give the Phillips County ranchers' stockwater to the BLM?

The issue here is the theft of the ranchers' vested stockwater rights on their Taylor Grazing Act authorized Federal Grazing District allotments administered by the BLM. In most cases the ranchers or their predecessors have been continuously watering livestock on these ranges for over 100 years with no complaints or problems until the Montana Courts unconstitutionally took their stockwater rights away.

The apathy displayed by ranchers and livestock organizations towards this devastating issue has been a surprise. It may be because most ranchers believe that since the Department of Natural Resources and Conservation (DNRC) accepted their stockwater rights filings, their rights are safe. Wrong! These ranchers need to visit the DNRC website and scroll through the water rights filings to see if the BLM has filed on any of their ephemeral or intermittent streams, pits, or reservoirs. If they have, they now own your stockwater rights because the Montana Supreme Court made the BLM the primary stockwater right holder. If you disagree with this decision, you have to file an objection with the Water Court before your basin gets adjudicated so you can at least get your day in court.

An attempt is being made to have the 2023 Montana Legislature correct this costly judicial travesty. Please take just a moment to let your legislators know you want Montana stockwater rights to stay with Montana stockowners and not be given to the federal government. Stay tuned!

Ron Stoneberg

Hinsdale

 

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